[Federal Register Volume 60, Number 105 (Thursday, June 1, 1995)]
[Notices]
[Pages 28646-28647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13427]



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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


Petition for Exemption or Waiver of Compliance

    In accordance with Title 49 CFR 211.9 and 211.41, notice is hereby 
given that the Federal Railroad Administration (FRA) has received 
requests for exemptions from or waivers of compliance with requirements 
of its safety standards. The individual petitions are described below, 
including the party seeking relief, the regulatory provisions involved, 
and the nature of the relief being requested.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number LI-95-3) 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street, SW., Washington, DC 20590. Communications received 
within 45 days of the date of publication of this notice will be 
considered by FRA before final action is taken. Comments received after 
that date will be considered as far as practicable. All written 
communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) in Room 8201, 
Nassif Building, 400 Seventh Street, SW., Washington, DC 20590.
    The individual petitions seeking an exemption or waiver of 
compliance are as follows:

Union Pacific Railroad Company (UP), Chicago and North Western Railway 
Company (CNW) (Waiver Petition Docket Number LI-95-5)

    Union Pacific Railroad Company (UP) and Chicago and North Western 
Railway Company (CNW) jointly seek a temporary waiver of compliance 
with certain provisions of the Locomotive Safety Standards (Title 49 
CFR Part 229) for certain locomotives. UP/CNW are seeking relief from 
the requirements of Secs. 229.5 and 229.135 that all trains operating 
over 30 mph shall be equipped with an event recorder that records cab 
signal indications, when equipped with cab signals, by May 5, 1995. UP/
CNW requests an extension of 12-months.
    The Locomotive Safety Standards were revised on July 8, 1993, to 
require each lead locomotive of trains operating over 30 mph to be 
equipped with an event recorder by May 5, 1995. An event recorder, by 
definition, shall record cab signal aspects where the locomotive is so 
equipped. UP/CNW each have cab signal systems, however, the two systems 
are not compatible. Locomotives which operate jointly in cab signal 
territory on both railroads are equipped with both types of cab signals 
but record only the cab signal aspect of the owning railroad. If a CNW 
locomotive operates in the lead position when in UP cab signal 
territory, the train will be under the control of the cab signals, 
however, the aspects will not be recorded. Likewise, if a UP locomotive 
is in the controlling position when operating in CNW cab signal 
territory, the signal aspect will not be recorded.
    To record both cab signal systems will require extensive 
modifications. UP/CNW have been working on a resolution to the issues, 
however, they will not have a solution in place by the May 5 
requirement deadline. To permit the necessary time to resolve certain 
issues and complete the modifications in a manner that is efficient, 
reasonably economical and, above all, safe, UP and CNW request a 
temporary waiver until May 5, 1996.
National Railroad Passenger Corporation (Amtrak) (Waiver Petition 
Docket Number LI-95-3)

    The National Railroad Passenger Corporation (Amtrak) seeks waivers 
of compliance with certain provisions of the Locomotive Safety 
Standards (Title 49 CFR Part 229) for their locomotives. Amtrak is 
seeking relief from the requirements of Sec. 229.5 which requires that 
locomotive event recorders record the direction of motion and from 
Section 229.135 which requires that all trains operating over 30 mph 
shall be equipped with an event recorder by May 5.
    The Locomotive Safety Standards were revised on July 8, 1993, to 
require each lead locomotive of trains operating over 30 mph to be 
equipped with an event recorder by May 5. The railroad states that 
although material is on hand to equip all of their passenger 
locomotives, the seven to ten days out-of-service time required for 
each installation will extend the completion date beyond the May 5 
deadline. Thirty switcher locomotives used in work train service must 
also be equipped since they operate over 30 mph. Amtrak is requesting a 
24-month extension to bring all recording systems into compliance.
     Section 229.5 specifies the parameters which must be recorded by 
the event recorders. Amtrak does not record the direction of motion on 
their passenger locomotives, as required, since these locomotives 
almost never operate only in the reverse direction on mainline track. 
With the limited capacity of recorders, Amtrak feels that other 
parameters (such as horn or alertor cutout) are more important to their 
operation. Therefore, Amtrak is requesting a waiver from the 
requirement to record direction of motion on their passenger 
locomotives. The 30 switcher locomotives will be in full compliance 
with the regulation. The railroad estimates it would cost approximately 
$500 per locomotive to retrofit the direction feature to their 
recorders.

Crab Orchard and Egyptian Railroad (COER) (Waiver Petition Docket 
Number RSGM-95-6)

    The Crab Orchard and Egyptian Railroad (COER) seeks a permanent 
waiver of compliance with certain provisions of the Safety Glazing 
Standards (Title 49 CFR Part 223) for one locomotive. The locomotive is 
an EMD Model SW-1 switcher built in 1953 and is presently equipped with 
safety glass. The railroad has upgraded the recently purchased 
locomotive to FRA standards; however, it indicates that it has been 
unable to secure the exact glass and hardware to comply with Part 223. 
The COER operates on approximately 15 miles of track in rural southern 
Illinois. The railroad states [[Page 28647]] there have been no 
incidents of vandalism regarding glazing.

C&S Railroad Corporation (CSKR) (Waiver Petition Docket Number RSGM-95-
7)

    The C&S Railroad Corporation (CSKR) seeks a permanent waiver of 
compliance with certain provisions of the Safety Glazing Standards 
(Title 49 CFR Part 223) for one locomotive. The locomotive, STRT 11, an 
EMD 900 HP switcher built in 1937, is currently covered by waiver 
Docket Number RSGM-88-19 on the Stewartstown Railroad. The locomotive 
will be transferred to operate on CSKR. The CSKR operates on 
approximately 18 miles of track between Packerton Junction, Jim Thorpe 
and Haucks, Pennsylvania. Maximum track speed is 15 mph through the 
mostly rural area. The locomotive will be used approximately once per 
week.

    Issued in Washington, D.C. on May 25, 1995.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-13427 Filed 5-31-95; 8:45 am]
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